80 FR 37235 - Marine Mammals; File No. 15537

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 125 (June 30, 2015)

Notice is hereby given that NMFS is considering an amendment to Permit No. 15337 issued to the Institute for Marine Mammal Studies (IMMS), P.O. Box 207, Gulfport, MS 39502 (Dr. Moby Solangi, Responsible Party). This permit authorizes the acquisition of stranded, releasable California sea lions (Zalophus californianus) from the National Marine Mammal Health and Stranding Response Program for the purposes of public display. The permit amendment is in response to a court decision to remand this permit to NMFS for reconsideration.

[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37235-37236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16009]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-XA756]


Marine Mammals; File No. 15537

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comment on permit amendment.

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SUMMARY: Notice is hereby given that NMFS is considering an amendment 
to Permit No. 15337 issued to the Institute for Marine Mammal Studies 
(IMMS), P.O. Box 207, Gulfport, MS 39502 (Dr. Moby Solangi, Responsible 
Party). This permit authorizes the acquisition of stranded, releasable 
California sea lions (Zalophus californianus) from the National Marine 
Mammal Health and Stranding Response Program for the purposes of public 
display. The permit amendment is in response to a court decision to 
remand this permit to NMFS for reconsideration.

DATES: Written, telefaxed, or email comments must be received on or 
before July 30, 2015.

ADDRESSES: The current permit and related documents are available for 
review online at http://www.nmfs.noaa.gov/pr/permits/review.htm or upon 
written request or by appointment in the following office:
    Permits and Conservation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; 
phone (301) 427-8401; fax (301) 713-0376.

FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Amy Sloan, (301) 
427-8401.

SUPPLEMENTARY INFORMATION: The permit was issued on October 5, 2011, 
under the authority of the Marine Mammal Protection Act of 1972, as 
amended (16 U.S.C. 1361 et seq.), and the regulations governing the 
taking and importing of marine mammals (50 CFR part 216). NMFS received 
several comments from members of the Marine Mammal Stranding Network 
and animal welfare organizations during the 30-day public comment 
period for the application that objected to animals undergoing 
rehabilitation and deemed fit for return to the wild being placed in 
public display, which commenters said contradicts the goals and mission 
of the Marine Mammal Stranding Network. Based in part on those comments 
and as explained in the memorandum documenting the decision on this 
permit, we included the following conditions in the permit:

    Condition B.2: This permit does not guarantee that the Permit 
Holder will be able to obtain any releasable sea lions from 
rehabilitation facilities, and does not require NMFS to direct any 
rehabilitation facilities to provide the Permit Holder with 
releasable sea lions. Thus, NMFS will not make arrangements for 
animals to be provided to IMMS, and rehabilitation facilities are 
under no obligation to provide animals to fulfill this permit. And 
Condition B.3: The Permit Holder is solely responsible for entering 
into cooperative agreements with partnering rehabilitation 
facilities, and must work directly with the facilities to be 
notified of any potential candidate animals to be acquired under 
this Permit.

    After NMFS issued the permit, IMMS challenged the above provisions 
in U.S. District Court. As described in the Court's opinion, the Court 
remanded the permit to NMFS for reconsideration. IMMS v. NMFS, No. 
1:11CV318-LG-JMR (S.D. Miss. 2014). NMFS is, therefore, proposing to 
remove Permit Condition B.3 and amend Permit Condition B.2 of the 
issued permit to state the following:

    Condition B.2: This permit does not guarantee that the Permit 
Holder will be able to obtain any releasable sea lions from 
rehabilitation facilities, and does not require NMFS to direct or 
make arrangements for any rehabilitation facilities to provide the 
Permit Holder with releasable sea lions. Since NMFS does not 
maintain real-time information regarding releasable sea lions in the 
stranding network, the Permit Holder should work initially with the 
rehabilitation facilities to be notified of any potential candidate 
animals to be acquired under this Permit. Final decisions with 
respect to use of rehabilitated marine mammals for public display 
purposes in lieu of take from the wild are at the ultimate 
discretion of the Office Director in accordance with 50 CFR 
216.27(b)(4).

    In accordance with NMFS' Memorandum in Opposition to Motion to 
Alter or Amend the Court's Judgment

[[Page 37236]]

in the aforementioned case, NMFS is seeking comments from the public 
specifically on these proposed revisions. In addition, NMFS is 
proposing to extend the permit for one additional year, to expire on 
October 5, 2017, since the permit has been in litigation, was never 
initially signed by the applicant, and, therefore, was never invoked.
    In compliance with the National Environmental Policy Act (NEPA) of 
1969 (42 U.S.C. 4321 et seq.), an environmental assessment (EA) was 
prepared for issuance of the original permit, which resulted in a 
finding of no significant impact. An initial determination has been 
made that no further NEPA analysis is necessary as the changes 
requested in the proposed amendment will not change the effects to the 
human environment in a manner not previously considered in the EA for 
Permit No. 15337.

    Dated: June 24, 2015.
Julia Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2015-16009 Filed 6-29-15; 8:45 am]
 BILLING CODE 3510-22-P